American Civil Liberties Union of Northern California et al v. U.S. Food and Drug Administration

Filing 16

STIPULATION AND ORDER Cross Motions for Summary Judgment Hearing set for 5/4/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 11/28/11. (tdm, COURT STAFF) (Filed on 11/28/2011)

1 MELINDA HAAG, CSBN 132612
United States Attorney
2 JOANN M. SWANSON, CSBN 88143
Assistant United States Attorney
3 Chief, Civil Division
ILA C. DEISS, NY SBN 3052909
4 Assistant United States Attorney
E-mail: [e-mail]
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450 Golden Gate Avenue, Box 36055
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San Francisco, California 94102
Telephone: [phone]
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FAX: [phone]
8 Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

12 AMERICAN CIVIL LIBERTIES UNION OF
NORTHERN CALIFORNIA; SAN
13 FRANCISCO BAY GUARDIAN,

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Plaintiffs,
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v.
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FOOD AND DRUG ADMINISTRATION,
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Defendant.

No. C 11-3949 SC
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT; and
[PROPOSED] ORDER
Date: November 29, 2011
Time: 10:00am

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The parties hereby submit the following Joint Further Case Management Conference

20 Statement pursuant to Rule 16-9 of the Local Civil Rules for the Northern District of California:
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1. Jurisdiction and Service: There are no issues concerning personal jurisdiction, venue or

22 service. Plaintiff brought this action under the Freedom of Information Act (FOIA), 5 U.S.C. §
23 552(a)(4)(B) and 28 U.S.C. § 1331. All parties have been served.
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2. Facts: By their Complaint, Plaintiffs submitted a twelve-item FOIA request on January 4,

25 2011, to Defendant United States Food and Drug Administration (FDA).
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3. Legal Issues: Whether Defendant has met its obligations to Plaintiffs under the FOIA.

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4. Motions: The parties anticipate that this matter can be resolved through cross-motions

28 for summary judgment.
Joint Case Management Conference Statement; and [Proposed] Order

C 11-3949 SC

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5. Amendment of Pleadings: None.

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6. Evidence Preservation: Both Plaintiffs and Defendant have taken affirmative steps to

3 preserve documents and evidence related to this action.
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7. Disclosures: Defendant will produce the final FOIA disclosures responsive to Plaintiffs’

5 January 2011 request by January 2, 2012.
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8. Discovery: Not applicable.

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9. Class Actions: Not applicable.

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10. Related Cases: None.

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11. Relief: Plaintiff seeks an order directing Defendant to cease and desist from wrongfully

10 withholding documents.
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12. Settlement and ADR: The parties intend to ask to be exempt from the formal ADR

12 program.
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13. Consent to Magistrate Judge for All Purposes: Defendant does not consent to have a

14 magistrate judge conduct all further proceedings.
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14. Other References: None.

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15. Narrowing of Issues: None at this time.

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16. Expedited Schedule: The parties believe that this matter can be solved through cross-

18 motions.
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17. Scheduling:

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The parties have agreed upon the following briefing schedule for cross-motions (which

21 would reduce from 6 to 4 the total number of briefs).
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Defendant’s Motion for Summary Judgment

February 10, 2012

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Plaintiffs’ Cross-Motion and Opposition

March 2, 2012

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Defendant’s Cross-Opposition and Reply

March 23, 2012

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Plaintiffs’ Reply

April 13, 2012

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Hearing: May 4, 2012 at 10:00 a.m.

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18. Trial: This case can be decided on motion; no trial is necessary.

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19. Disclosure of Non-party Interested Entities or Persons: As set forth in Plaintiffs' Civil
Joint Case Management Conference Statement; and [Proposed] Order

C 11-3949 SC

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1 L.R. 3-16 statement filed on August 11, 2011, the undersigned counsel for Plaintiffs certifies that
2 other than the named parties, there is no such interest to report. The disclosure requirement in Civil
3 L. R. 3-16 does not apply to governmental entities.
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20. Such other matters as may facilitate the just, speedy and inexpensive disposition of this

5 matter: None.
6 Dated: November 22, 2011

Respectfully submitted,

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MELINDA HAAG
United States Attorney

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/s/
ILA C. DEISS
Assistant United States Attorney
Attorneys for Defendant

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Dated: November 22, 2011

________/s/___________________
LINDA LYE
Attorney for Plaintiffs

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CASE MANAGEMENT ORDER
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The Case Management Statement and Proposed Order are hereby adopted by the Court as
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the Case Management Order for the case, and the parties are ordered to comply with this Order.
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20 Dated: November 28, 2012

___________________________
SAMUEL CONTI
United States District Judge

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Joint Case Management Conference Statement; and [Proposed] Order

C 11-3949 SC

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